Nightmarish Tenant wants to lie about an illegal basement

[mslady]

What is the name of your state? NY

I have been trying to evict my deadbeat nightmarish tenant for non-payment. We are at the final eviction stages now (i guess), anytime the marshalls give her a notice to leave, she does an order to show cause for some reason or another for the 3rd time now. This time around, she is showing cause due to an illegal basement (in her imagination). I had one but since then, i have gotten rid of the basement and asked my nice friend that lives there to move into a room in my apartment, which she did happily till we are able to evict the nuisance from the building so she can move into the other tenant apt once she leaves. This tenant has been nothing but trouble since she moved in. From drug-activity in her apt, to endless parties, noise and block disturbance without even mentioning the countless doors that have been replaced due to punches through the door and holes in the wall from fights in her apt. The police is called to her apt at least 2ce a week for one reason or the other by neighbors.

The court date is closing by, my lawyer wants to argue that i do not have an illegal basement and that an inspection can be ordered if the judge wishes an that Tenant is saying that buy herself some time and free rent without any intension to move after living there for 8-months without paying. What do you think is likely to happen in court, what should i expect? She wants to live there for free till she can find a place (which i can't agree to cos she intends to live there as long as she can for free) and she hasn't paid me in 8 months. There is currently no illegal basement. Anything else i can do to make sure this evildoer leaves? What do you advice i do. Any advice, anything you can tell me? Who has been through this before?

 

[ynbjsc]

what about taking picutures of where she lives to court. get the court order and have the sheriff to kick her out.

 

[BL]

If it gets to the stage of a Marshall tacking a 3 day notice to the Apt. entry door , that should be it .

If not out in 3 days the Marshall can and will physically remove the tenant , and you can change the locks .

If the tenant is now in another Apt. and hasn't pd. rent in 8 mos. , I have to ask , why ?

Get your lawyer , and the Marshall off their duffs .

 

[mslady]

what about taking picutures of where she lives to court. get the court order and have the sheriff to kick her out.

Thanks for your reply. I have a few pictures now even though she has denied me entry into the apartment. She changed all the locks, including the main entrance door (she has a separate entrance). I managed to take pix of 3 doors that had been punched in (and 2 closet doors) that was placed on the sidewalk for garbagetruck to be picked up. She runs a washing machine in there breaking my lease. She leaves her bathtub to run while she's not home, forgets to turn it off, flooding the apartment, costing me water bills, and leaking water through my apartment roof (im on the first floor, she's on top floor) damaging my walls and wooden floors. I had to call the firedepartment to break in before being able to turn the water off. I took pictures of the water damage through my apartment.

 

[MIRAKALES]

The tenant apparently knows the housing laws better than the LL. This is not good. Since you have an attorney allow them to due their job. Your best advice will come from the attorneys. Anything LL attempts at this point may pose a setback and delay the process further. Apparently, LL has allowed personal emotion to conflict with business management. Do not be so attached to the situation. Know that the homeowner’s insurance will cover damages, and the loss of rent is an IRS deduction. The homeowner’s insurance can and will pursue the tenant for damage claims.

The reason this tenant is unable to find a new rental is because the potential LLs have performed credit, employment, and background checks which are insufficient. The eviction you currently have in court will also show on the tenant’s background check, therefore, potential LLs pass over the application. In addition, most experienced LLs can distinguish a problematic tenant just from their verbal attitude, facial and body language, conflicting information, and uncooperative nature.

Let the attorney do the work. Know better next time. Ignore the tenant and allow events to run there course. The damage has already been done! Next time, just know to perform ALL the proper WRITTEN background checks - credit, employment, criminal, landlord references, etc. Join a professional landlord association to learn the housing law and how to manage the rental business.

 

[mslady]

The tenant apparently knows the housing laws better than the LL. This is not good. Since you have an attorney allow them to due their job. Your best advice will come from the attorneys. Anything LL attempts at this point may pose a setback and delay the process further. Apparently, LL has allowed personal emotion to conflict with business management. Do not be so attached to the situation. Know that the homeowner’s insurance will cover damages, and the loss of rent is an IRS deduction. The homeowner’s insurance can and will pursue the tenant for damage claims.

The reason this tenant is unable to find a new rental is because the potential LLs have performed credit, employment, and background checks which are insufficient. The eviction you currently have in court will also show on the tenant’s background check, therefore, potential LLs pass over the application. In addition, most experienced LLs can distinguish a problematic tenant just from their verbal attitude, facial and body language, conflicting information, and uncooperative nature.

The devil’s children are easy to spot! Let the attorney do the work. Know better next time. Ignore the tenant and allow events to run there course. The damage has already been done! Next time, just know to perform ALL the proper WRITTEN background checks - credit, employment, criminal, landlord references, etc. Join a professional landlord association to learn the housing law and how to manage the rental business.

Hi Mirakles, This is the best constructive advice i have ever received in this matter. I have to confess i have become emotional about the whole process and my attorney has been a great help, he has shown genuine concern about the case and he his fully aware of Tenant's games. It's just frustrating to see her going to show cause in court again for an illegal basement claim. I really thank you for your words and you are right. I will let things play out and take it all as a lesson. I appreciate your time. Thanks buddy

 

[Just Blue]

Thou hath no brother here, your brother is in hell thou devil possessed God-forsaken tenant!

And why on EARTH would you presume to know whether or not I rent or own? You really need some help...mentally.

 

[mslady]

And why on EARTH would you presume to know whether or not I rent or own? You really need some help...mentally.

You need even bigger help. With what i've seen so far, nightmarish tenants are not hard to spot anymore, the likes of you.

 

[>Charlotte<]

Originally Posted by sisieko
Thou hath no brother here, your brother is in hell thou devil possessed God-forsaken tenant!

Siseko? Cast not thy scorn upon respected senior members, lest thou wouldst shrink amongst the heathen to suffer the wretchedness of yon demon's billable hours. Mmmkay?

 

[MIRAKALES]

“Nightmare Tenants” are easy to distinguish because they are one, and often time, most of the following:
*Poor Credit Quality (no substantiated by extreme medical, employment condition)
*Unstable Employment (with no advancement potential)
*Criminal Background (even minor infractions)
*Poor Landlord References (or no former landlord, living with family)

The subjective items are where instinct and karma come into play:
*Verbal Attitude (negative word choices)
*Body Language (facial and gestures toward rules and guidelines)
*Conflicting Information (usually from their own statements)
*Uncooperative Nature (refusal to provide basic information)

Qualified Tenants may have one, maybe two, of the above qualities but it is usually explainable. Qualified Tenants always display the opposite characteristics of those described above. Despite best efforts, it is not easy to imitate or fake the positive qualities.

 

[mslady]

“Nightmare Tenants” are easy to distinguish because they are one, and often time, most of the following:
*Poor Credit Quality (no substantiated by extreme medical, employment condition)
*Unstable Employment (with no advancement potential)
*Criminal Background (even minor infractions)
*Poor Landlord References (or no former landlord, living with family)

The subjective items are where instinct and karma come into play:
*Verbal Attitude (negative word choices)
*Body Language (facial and gestures toward rules and guidelines)
*Conflicting Information (usually from their own statements)
*Uncooperative Nature (refusal to provide basic information)

Qualified Tenants may have one, maybe two, of the above qualities but it is usually explainable. Qualified Tenants always display the opposite characteristics of those described above. Despite best efforts, it is not easy to imitate or fake the positive qualities.

The subjective items can easily be disguised. You need to have been there to see how sweet, pleasant and cooperative this tenant was when she came. I guess i should have screened for conflicting information and checked credit/background/LLreference more, tho i did some of it but my mind was already made up seeing how pleasant she was. I called her former LL's number and he seemed nice and had good things to say but i later realized she might have staged it with a friend, so how can anyone be sure. Some people are good pretenders/actors.

 

[mslady]

Siseko? Cast not thy scorn upon respected senior members, lest thou wouldst shrink amongst the heathen to suffer the wretchedness of yon demon's billable hours. Mmmkay?

Respected members of what and by whom? Some people are a menace to society, the evil-doers that lurk around this site daily seeking advice on how to manipulate the system (not that baystate girl is, but can it be proven otherwise?) also call themselves respected members.

Let's hope my nightmare-tenant becomes a respected member of the shelter for homeless people soon

 

[Zigner]

I guess i should have screened for conflicting information and checked credit/background/LLreference more, tho i did some of it but my mind was already made up seeing how pleasant she was.

NOW you're getting it

 

[BL]

http://www.oag.state.ny.us/realestate/tenants_rights_guide.html

She changed all the locks, including the main entrance door (she has a separate entrance).

Another reason for eviction .

Then request copies of the keys . If she don't supply them , then hire a locksmith and change them again .


Tenants in multiple dwellings can install and maintain their own locks on their apartment entrance doors in addition to the lock supplied by the landlord. The lock may be no more than three inches in circumference, and tenants must provide their landlord with a duplicate key upon request.


Quit frankly , you're getting your daily high on one poster's response , and now have biblical references included .

This is a legal advice forum , stop , or it will be stopped .

 

[>Charlotte<]

Respected members of what and by whom?

Respected members of this site by other members who have seen them provide accurate, valuable, free legal advice to people like you. Some of whom only want to be told what they want to hear.